Fox News senior judicial analyst Andrew Napolitano countered Donald Trump on Wednesday as the president doubles down on his proposal for an executive order to abolish birthright citizenship for the children of non-American citizens.
While Trump asserts that he can change the provision with such an order, that is far from certain: there is a set process for modifying the constitution, which does not include presidential decree.
The comments, trailed early Tuesday ahead of the interview being broadcast later this week, came as the administration hardens its already extreme line on immigration ahead of the midterm elections next month.
Trump did not say when he would sign the order, and some of his past promises to use executive action have gone unfulfilled. "But now they're saying I can do it just with an executive order", Trump said.
Former Senate Majority Leader Harry Reid lashed back at President Donald Trump on Wednesday after the president singled out a 1993 speech from the former Democratic leader in an effort to build his case for getting rid of birthright citizenship, The Hill reported.
Because it is enshrined in the Constitution, there is a question whether Trump can undo it with an executive order.
Trump, seeking to energise his supporters and help Republicans keep control of Congress, has stoked anxiety about a caravan of Central American migrants making its way to the US-Mexico border.
U.S. House of Representatives Speaker Paul Ryan said Trump could not scrap the right with the stroke of a pen. Trump dispatched more than 5,000 active-duty military troops to the southern border on Monday as a slow-moving human caravan of around 3,500 Central American migrants, including nursing mothers and children, trekked towards the U.S. border at least 1,000 miles away.
"The 14th Amendment makes the conditions of citizenship clear: individuals born in this country are citizens", the congresswoman, who is the daughter of Haitian immigrants, said.
But Mr Trump said he had talked to his legal counsel and was advised he could enact the change on his own, contrary to the view of many constitutional experts.
Trump has characterized the caravan as "an invasion of our country".
The full Axios interview will air on Sunday.
Ryan's initial reaction to Trump's proposal was, "You obviously can not do that". Naturally, such an attempt would be immediately subject to a wave of legal challenges, which could lead the Supreme Court to consider the matter. However, the president is confident in his ability to overturn the law.
"The President does not have the power to erase parts of the Constitution, but he and the GOP Congress have spent two years trying to erase protections for people with pre-existing conditions", Ms. Pelosi said.
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